we were watching this picture and they were putting fire on what was the burnt part of the home. you see that again. crews still on scene. the fire started an hour ago at 4:00 p.m. grew to 2 alarms. at this point we have reports that one person may have been injured as a result of the fire. we are trying to get information from the crews who are on the scene still putting water on where the fire charred through the roof of the home. crews remape on the -- remain on the scene. if there are developments we will bring them to you. if you have been with us, you know we have been following two developing stories. cupertino a u.s. marine is a victim of a shooting. the carb was hit, he -- car was hit, he was not hit. ktvu's ken pritchett is live

with how the sherriff's department is searching for the shooter. >> reporter: you can see highway 85. it was at 1:00 p.m. when the officer heard a noise, his back window shattered. he realized his car was shot, that led to a investigation and a shut down of highway 85 with many questions unanswered. >> reporter: police wouldn't identify which marine was driving this car. shattered windows. you see a car with three bullet holes in the drive side doors. >> he gets alerted, notices there is a pop from his window. pulls over and quickly discovers that he has been shot at. more than once, multiple times. >> reporter: to answer the

questions investigators shut down interstate 85. this is where the car was hit. the search was on for evidence. as you can see from news chopper 2 traffic was at stand still for an hour as investigators paced the freeway. while it is unclear where the shots came from the sherriff's department does not believe the driver was targeted because he is a u.s. marine. >> he had a jacket on. his uniform wasn't visible. >> reporter: the car was towed away so investigators can inspect the bullets. that will help them determine where the shooter was standing or in another car. if that is the case that will help them determine what direction the shooter was traveling on highway 85. in cupertino, ken pritchett, ktvu channel 2 news.

couple hours earlier and couple miles away a search for the burglary suspect put a preschool in cupertino on lock down. ktvu's rob roth has been updating us all afternoon. >> reporter: within the past half hour police called off the search for the third of three suspected burglars. the three men left their car in this parking lot. they ran through this opening and into the neighborhood. police quickly arrested two of the men. >> reporter: this is the car that the three men left in this shopping center. officers were trying to get the car to pull over for speeding. >> vehicle pulled over and sped off again. pulled into this parking lot. >> reporter: police say the men didn't wait for the car to stop before running away. >> the car was still rolling. they jumped out of the vehicle

as it rolled to the stop. >> the men took off running into a neighborhood. police caught one suspect immediately. one neighbor saw to of the men -- saw two of the men. >> i was scared when i zootheism in the backyard -- when i saw them in the backyard. >> police arrested one and the other got away. authorities seeled off streets and conducted backyard searches. police escorted residents out of the neighborhood. others weren't allowed people. >> police cars and i couldn't get in my yard. >> reporter: there is no evidence the car was armed and they found stolen evidence in the car. >> we feel they may be involved in burglaries in the neighborhood. we are following up on that.

>> reporter: with the suspect on the loose a preschool took no chances and went into lock down. we are working on that for 6:00 p.m. reporting live in cupertino, rob roth, ktvu channel 2 news. the fact that this problem is complex can no longer be an excuse for doing number. >> the gun debate take as big step forward as the -- takes a big step forward. today marks five days since a gun men killed 20 20. the president said the time to debate is over and action is needed. >> speaking that white house today president obama said vice president joe biden will lead the search for new gun policies to prevent another mass shooting. vice president joe biden will work with several agencies and outside experts to stop criminals and the mental health from having access to guns. >> we will have to work on

making access to mental health as easy as access to guns. . >> reporter: the white house indicates the president is supportive of the new legislation sponsored by senator dianne feinstein. >> i am also betting that the majority, the vases majority of law -- the vasmu-- vases majority. >> reporter: congresswoman nancy pelosi says something must be done. >> we must take action to protect our children from harm to preserve the safety of our schools and keep our community safe. we must take action so that we can tell our children we are doing everything in our power to prevent these tragedies from

ever happening again. >> president obama said gun control will be a issue for his second term and he will submit new proposals to congress. bay area residents are gathering to remember the victims of the newton, connecticut shooting. let's look at what is happening at fairfield inside the sikh temple. leaders wanted to honor the victims of the shooting and they are opening their doors to anyone who needs a place to mourn. this is one of many vigils we have seen since the shooting. we see people gathering at the sikh temple. it is welcome to anyone. a noon service was held today for all those who needed a place. ktvu's john fowler was there as the cathedral was filled for those coming to grips with the

tragedy. [ singing ] >> reporter: oakland cathric cathedral, 200 attend -- catholic cathedral, 200 attended the sandy hook elementary school mass. >> took time out of my day oremember the fam -- to remember the families. >> reporter: we all bear a burden when children die in violence. >> pray for the victims and pray for ourselves that we may learn from these events. >> reporter: there was no reasoning why these children, why their teachers, after mass he sent a wreath. >> so hard to believe that these little angels are no longer on this earth. it is heart wrenching. >> reporter: names of the

victims spoken towards heaven. >> katherine hubbard. >> a lot of people cared even though it didn't happen near here. it was touching to know that everyone cared. >> reporter: connected by grief, united to find some way to end the violence. john fowler, ktvu channel 2 news. >> classes resume today at san jose city college after the campus was shut down because of an alert about a possible armed intruder. >> i feel fine. i didn't feel nervous or anything. they handled it professionally. >> she hunkered down in her office for three hours last night while police searched. ktvu reported live from the scene, the drama started at 4:30 p.m. yesterday afternoon when someone reported seeing a gunman on campus.

authorities sent a message to studentsp and staff stoo-- students and staff to stay inside. and then conducted a search but found no gunman. police began following up on leads it find out whether there was actually was an intruder. >> we took it very seriously as we do all calls that come in. but this call appeared to have credibility to it. >> police have undergone training and plan to hold more sessions in the future. san francisco woman who was being held in connection with the death of her daughter has been released from jail. the girl was found laying on the sidewalk and died at the hospital. police arrested the mother, 46- year-old heidi heidelberg on suspicion of felony child endangerment. now they say she was released and no charges have been

brought pending further investigation. scare shut down a post office this morning. workers called 911 after noticing a mysterious spuddal. -- puddle. firefighters called in hazmat and they determined it was pepper spray. >> there was a small canter of petraeus sex scandal in that -- of pepper spray in that room. >> pepper spray is used to protect them from aggressive dogs. . firefighters found a body inside a storage unit at an apartment complex. this video you will see only on 2. after putting out a fire in the unit firefighters discovered the body. the person had been sleeping there and alcohol was among the debris. >> it is very sad that somebody

would die like that. you know, that part -- especially at the holidays is horrible. no matter what condition he was in. you know, very, very sad. >> the body was badly burned and it will take some time to establish the person's identity. it does not appear to be suspicious. and this is also video you will only see on 2. a fire in a truck in oakland this mong and spread to -- morning and spread to a business. happened around midnight. a security guard was hospitalized for smoke inhalation. san francisco based company is planning a huge expansion. we caught up with mayor ed lee who said it is a good sign for the economy. >> it is a done deal. they have 500,000 square feet building designed for them. right across the street from where they are now.

that is again, another great indicator of investor confidence. >> they signed a deal to lease a 27 story high rise. construction begins next month and workers are expected to move in two years from now. they are adding another $100,000 square feet of office space to another building they already occupy. the president said it is time for some change and tonight we speak to first time gun owners about the president's words. >> the cold is moving out and the rain is moving in. i got the latest computer model and it shows rain within the next 24 hours. w

hey, look! a shooting star! make a wish! i wish we could lie here forever. i wish this test drive was over, so we could head back to the dealership. [ male announcer ] it's practically yours. test drive! but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a jetta. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposit, and $0 first month's payment on any new volkswagen. visit vwdealer.com today. . funerals in newton, connecticut where 27 people

were killed. muns of firefighters -- hundreds of firefighters lined up to say good-bye. nearby a funeral was held for victoria soto who was hailed as a hero for dying while trying to shield her students from that gunman. >> she wouldn't hesitate to save anyone, especially children. she loved them more than life and she would put herself in front of them any day. >> funerals were also held for two more children. today new york giants receiver victor cruz fought back tears while talking about his meeting with the family of jack pinto. he was buried wearing a victor cruz jersey.

cruz also gave the family his cleats that he wrote jack's name on. the investigation continues into a motive in the shooting. investigators were back at adam lanza's home. the post reports adam lanza's mother, nancy may have been in the process of committing him to a psychiatric facility. nancy volunteered at sandy hook elementary school and adam believed she cared more about the children than about him. >> as we told you the president created a task force today headed by vice president joe biden to propose new gun laws. we wanted to find out what people think of the call for gun control. ktvu's mike mibach went to a gun store today. what do they think? >> reporter: they like his take on getting more mental health

resources. today the president's words were heard loud and clear. >> reporter: this is canyon sports. >> made in america. >> reporter: a gun shot where the line is long and the weapons are stacked. >> no, no. first time i owned it. >> reporter: do you have a gun? >> no. >> reporter: she said she needs to protect her family because of the weapons criminals have. >> will never probably need it or use it but if i do, i will have it. >> reporter: she sports the perez -- she supports the president. >> i think they should regulate both. you know, i am not sure how the policies would look but they should be looked in to. it is a scary thing out there. >> fire arm purchases are hot right now. >> reporter: the owner --

>> now, i mean, the pressure is high on him to do something. >> criminals don't buy guns. >> reporter: he does not agree with the president on the need for new gun control but he says he agrees on the need for more mental health resources in america as does one of his customers. >> absolutely. i see that as being probably the biggest problem. the responsibility of the owners of the guns and their mental health is a huge concern. >> reporter: also a huge concern for the state department. tonight at 6:00 p.m. what agents are accomplish right now. mike mibach, ktvu channel 2 news. we showed you this picture 15 minutes ago. here it is again. a gathering at a sikh temple. we have a crew gathering. this is one of many vigils.

there is one tomorrow in the city and has been the case with all the vigils, this is open to everyone. stay with us, there is more news to come and go to our facebook page and share this image. many ktvu viewers have been sharing their condolences on our facebook facebook. share this image on facebook. we will be back right after this.

more live pictures from news chopper 2 of a fire that broke out in a home in san jose. not far from south white road. it is a single story home. the fire broke outlet around 4 -- out around 4:00 p.m. this afternoon. firefighters put out the fire and there is significant damage to the roof of the home. they are calling it un- inhabitable. a elderly woman lived there. she was not transported to the hospital and two dogs and a cat are unaccounted for. authorities think candles were too close to newspaper, they caught fire and that is when she ran out and called for help. again, a single family home in san jose, not far from white

road, caught fire this afternoon and it appears there is significant damage and the home is uninhabitable. >> our bay area weather. last night was cold. we are ready for a warm up. >> it has to go up. temperatures last night in the 20s. tonight 30s. we will see freezing and frost but not as cold as last night. the weather system is coming from the gulf of alaska. here is the system as it works it is way down. looks close to us but it has a ways to go. it will be in this area tomorrow evening, after sunset, that is when the rain starts in the north bay. showers on this deal over night thursday into friday morning. temperatures right, 47 santa rosa. 51 oakland. 49 in concord. highs tomorrow are warmer than

they were today. forecast lows then, still cold, 33 napa. 34 livermore. for your thursday morning, as the kids head off to school, and you head off to work, same drill, jackets, hats, it is cold. frost on the lawn, windows. maybe 4-5 degrees warmer than last night. still chilly. highs tomorrow like the highs we saw today. today was sunny and cool. tomorrow mid-50s. warmer than that maybe. as we look at the model and the system i am tracking, doesn't get here till late. tomorrow morning, not here yet. here we are tomorrow afternoon, it is still to the north. after sunset the system wants to dip down. we will see the rain increase. as we head into friday morning, i think the morning commute will be dicey, wet, windy, and friday afternoon we will see

issues and on the sierra, i am talking friday, it is a get away. rain shows up friday, winter storm warning in the mountains. when i come back we will be all about friday, we will look at the system, break it down and help you get out the door. we will see you back here. government regulators announced new rules to protect the privacy of children under 13. they require parental consent to collect information. location, photos, video, audio and cookies and other tracking strategies. it makes parents responsible. the school massacre in connecticut prompted new calls to get the national guard involved in protecting

students. barbara boxer announced the save our schools act. >> is it not part of the national defense to make sure our children are safe? >> barbara boxer proposed a second bill that calls for more funding for school security programs. >> the shooting at sandy hook elementary school is a reminder we failed our children, over and over and over again. we have failed at the most basic task of keeping them safe. >> the school safety act would pay for things like tip lines, and secured entrances at schools. a new survey shows 5 u.s. states are well prepared to respond to a public health emergency, they scored 8-10.

california scored a 7. it looked at ability to respond to bio terrorist threats. 29 states cut funds, only two states met the goal. serving people of oakland but now they are being evicted. i will explain coming up. >> the public utilities commission is supposed to protect you from utilies misspending your money -- utilities misspending your money but they are misspending your money, the revolution ahead. look at you guys with your fancy-schmancy

u-verse high speed internet. you know, in my day you couldn't just start streaming six ways to sunday. you'd get knocked off. and sometimes, it took a minute to download a song. that's sixty seconds, for crying out loud. we know how long a minute is! sitting, waiting for an album to download. i still have back problems. you're only 14 and a half. he doesn't have back problems. you kids have got it too good if you ask me. [ male announcer ] now u-verse high speed internet has more speed options, reliability and ways to connect. rethink possible.

complete bay area news coverage continues right now, this is ktvu channel 2 news at

5:00 p.m. >> a bank has given notice to a group in oakland, they have to vacate from a historic hall and the group says if they are econvicted it will be a blow to the airbed. -- convicted it will be a low to the neighborhood. ktvu channel 2 news paul chambers -- ktvu's paul chambers has more. >> reporter: this place is a church, doubles as a production studio and so much more for the people of oakland and that is why they are not giving up the space without a fight. >> reporter: for 135 years liberty hall has sat at 8th and west chester street in oakland. inside the building is used to better the community. >> we provide services for at risk youth. >> reporter: there is also

resource center that gives people help with rent, bills and more. >> people come in and they walk out of her with tears in their eyes because we helped them. >> the former owner fell on hard times losing the property in foreclosure. citi property holdings purchased the building and now is for sale. >> they have to vacate. >> if we lose the building we will lose the neighborhood. >> the groups can't afford to buy it but are trying to secure it. however some are calling on the bank to donate back to the people. >> they want the title to the building. they want the building in the community name to continue with the services that they provide. >> reporter: we left messages with the bank. we haven't heard about a possible deal or how they plan

to handle this situation. paul chambers, ktvu channel 2 news. a contra costa county man was rescued after breaking his ankle. he was hiking in the state park when he was injured. crews brought him out by helicopter yesterday. jerry hill is proposing a law that would curve the financial authority. ktvu's consumer editor tom vacar is live in san francisco. >> reporter: right here he said he is angry at how the cpuc failed to protect the town and how they misspend your money. >> reporter: jerry hill is a critic of the cpuc and the

president. >> today i am introducing legislation to put a stop to the abuses. >> reporter: he wants to stop unless first reviewed through the commission. >> he made a habit of finding ways to expect money from customers and inject it into the unregulated non-profits which he then controls. >> reporter: they site four grants that did not have a application process. 30million to the california clean energy fund. 60million to the california technology fund. 600 to the climate institution fund and thursday 152 million

to the energy system fund. >> it asks the commission to give the customer money now and they will come up with the plan later. >> customers get no assurance that a penny of the $150 million will provide any customer benefits down the road. >> reporter: the cpuc did not return any of our calls but they will be meeting tomorrow and we will be there. reporting live, consumer editor tom vacar, ktvu channel 2 news. we have new information about the u.s. chemical safety boards of the investigation of the chevron refinery fire. the board wants to know why they insist on putting in a replacement pipe instead of one

that is better resist tonight corrosion. an american soldture could face had death penalty -- soldier could face the death penalty. they are seep app seeking the -- seeking the death penalty against robert robert bales. experts say a key issue is whether he was suffering from posttraumatic stress disorder. as the fiscal cliff deadline draws near, president obama said today that he and speaker of the house john boehner are inching closer to a compromise. >> rates need to go up, he conceded. i said i am willing to make cuts. what separates us is a few hundred billion dollars. >> after meeting today the

president urged republicans to take the deal. the president has moved closer to the republicans on the issue of income taxes. he is proposing raising taxes on those earning more than $400,000 a year. speaker of the house john boehner said today the house will pass his plan to avoid the fiscal cliff tomorrow. >> then the president will have a decision to make. he can call on democrats to pass that bill or he can be responsible for the largest tax increase in american history. >> john boehner so-called plan b includes a tax hike on incomes over a million dollars a year and a trillion dollars in spending cuts. he accused the president of failing to take a balanced approach. he said the president proposed $1.3 billion in new revenue.

the steps the mayor is promising to take the make the city safer for pedestrians. >> killed over seas, the weakness a new government assessment is calling grossly inadequate.

neighbors scored victory in their attempt to shut down a

new store. protesters picketed the 7- eleven store monday night. this morning the planning commission agreed the store is not a legal use of the property. the city counsel will hold a hearing next month before making a final decision. >> mayor ed lee said he wants to provide a safe crossing for all pedestrians in his city. he joined officials. it includes a pedestrian friendly parklet and wider sidewalks. they are trying to reduce injuries by 20% and by 50% by 2021. >> we have to do more. we can't be satisfied with what we have done before because we have the data that shows us where the hot spots are all over the city. >> the pedestrian safety strategy calls for more school crossingguards and lower --

crossing guards and lower speed limits. 80% of high school seniors don't consider organizational marijuana use harmful. 8th graders 50%. and the u.s. government released its first ever look at the use of bath salts, they are a dangerous mix of chemicals they could create hallucinations. over 1% of high schoolers reported using bath salts. 11% of seniors have used a synthetic type of marijuana. they waited for hours for a bag of food. the one group they are seeing more and more in need of help this holiday season.

>> back here in just 10 minutes, this storm will bring significant rain to the bay area, i will tell you when it gets here and how long it sticks around. oh, you have a keurig vue brewer? oh, it's great! now i can brew my coffee just the way i love it. how do you do that? well, inside the brewer, there's this train that's powerful enough to carry more coffee and fresh water to make coffee that's stronger and bigger... and even hotter! actually, i just press this button. brew the coffee you love -- stronger, bigger, or hotter --

with the keurig vue. wanted to be here for your fist christmas? you see grandma lives waaaay down here, and you live way up here. brian, your cousin, he's a little bit older than you, he lives here, in chicago. and your aunt lisa lives here, in baltimore. uncle earnie? waaay out in hawaii.

but don't you worry, we will always be together for christmas. [ male announcer ] being together is the best part of the holidays and cheerios is happy to be part of the family. you just ate dallas! a former tied mayor kevin johnson has been arrested on misnewsing public money. -- miss using public money. she used her credit card to pay for $19,000 in personal expenses, including trips to disneyland and itunes.

sacramento is changing how it is approving charges on city credit cards. >> some areas where the controls didn't work as well as we would have liked them to. >> sacramento city policy said only a supervisor has to okay charges. she forged that signature. san jose will be adding fluoride to its tap water. critics argued it is not safe but officials say it reduces cavities by 40%. yesterday the water district approved funding to add it to the tap water. it will be a diluted amount for the first two years. students at cal state east bay are hoping a video will help. stupidities made a video -- students made a video to let

them know what their rights are. they say wage theft is a big problem. the video tells workers to record information like the employer's name, license plate numbers numbers and hours worked. christmas came early for some students. students received a donation of 50 computers. they replaced ones that were stolen back in october. >> we are grateful to get our resources back. >> today's donation comes from various sources. despite the cold people in need of a helping hand started lining up at 5:00 a.m. this morning for the food give away. brian tells us this year

workers noticed something different. >> reporter: more than 5,000 bags for the thousands waiting outside. >> this is a tremendous opportunity to give back to the community, to the people we serve. being able to help people out that are less fortunate. >> reporter: thousands of homeless, elderly or those down on their luck braved the cold temperatures and long hours waiting for a traditional holiday meal. >> i have been in line this 5:00 a.m. it is worth it. they feed everybody all the time. first time i have been here. now i know how they do it and i am grateful. >> the give away is a tradition for several years. this year they packed 5500 bags full of items like a bread, turkey, pasta. >> i am going to give it to my

daughter and grandkids. >> reporter: how long were you out here? >> 5:00 a.m. this morning. >> reporter: well worth it? >> yes. >> reporter: organizers say what makes this year different is the amount of elderly in line. that number continues to grow as the event continues. many who are having a tough time paying their bills. >> seeing a growing population of seniors. so, you know, it is doubling and tripling. more and more people on social security or disability as they reach their older years and they are really tight on money. >> that was brian reporting in san francisco. glide had enough food for 5500 bags of groceries. www.ktvu.com has a list of charities still in need this

season. since the beginning the of week our chief meteorologist has been talking to us about very, very cold temperatures and rain. so bill, we got the cold. >> yeah. we did. last night was really cold. tonight will be really cold and then it warms up when the rain gets here. the rain gets here thursday night into friday morning. you see the next system ready to go. it moves into the bay area over the next 24 hours. it will work its way south. looks like it is on top of us but it hangs up in the north bay tomorrow. we are not going to see a lot of -- a lot of movement till friday. friday morning commute will be the main headline here because the morning commute on friday will be windy and wet. you will have wind on the bridges, rain. rain accumulations in the north bay, couple inches, rest of the bay, half inch. cool air gets pushed out. cold tomorrow morning but

tomorrow night when the system gets here, scours out the cold air. we could see over the course of the weekend, maybe 3-5 inches of rain. more in the coastal hills. it will be a good rain producer. cool system but not as cold as the last ones. tomorrow morning, clear and cold. tomorrow afternoon, clear and mild. temperatures in the mid-50s. tomorrow night, boom! rolls in friday night about 9:00 p.m -- sorry, thursday night into friday morning. that is your morning commute. afternoon commute, right, more showers in the afternoon. most likely a winter storm warning. another system saturday morning and then a break and another system sunday. they are going to produce rain. that is good news. what we need. we are ahead of average for

rainfall. tomorrow forecast highs. nice to get more rain in the reservoirs as we go into december, january and we will. nice rain producer. big thing will be the friday morning commute and friday afternoon commute. people are getting away, right, weekend, holiday, mountain travels. i will be back in here. we will talk about it. friday morning -- [ talking at the same time ] >> thank you. the attack on the u.s. consulate, the fall out hours after reports unearthed inadequate security measures.

okay. if you are on facebook, friends, if you are a facebook friend with him you know this, his page had his first post in english. facebook watchers say there is no reason to believe the pageinate luiate -- page is -- isn't luiate. report on the attack on the u.s. consulate. u.s. ambassador chris stevens and three other emergency americans died in the attack.

they found inned aicate security measures -- inadequate security measures. >> did a very thorough job, filled in all the missing holes in the testimony and the rumors we had heard. there was a break down in the command. >> he said that changes are critical. >> people are at risk. it is a dangerous world we are in and this report will significant advance the security interests of those personnel and of our country. >> secretary of state hillary clinton said she immediate made changes to add security. they said most of the blame should fall on officials in the state departments. >> in washington today lawmakers said it was embarrassing and unacceptable that some voters had to wait in

line 8 8 hours last month. they looked at problems voters faced. they said it made registration harder for majorities. republicans defended the changes. >> hyundai is recalling 1300 cars because the sun roofs can shatter. the sun roofs on the 2012 models may have been weakened during assembly. they say the sun roof can shatter while the car is moving. separately 4500 are being recalled because of failing parking breaks. coming up in 2 minutes the latest on the investigation into the freeway shooting that shut down a freeway for an hour today. >> the push is on in the north

bay to outlaw a gardening tool, why this man is leading the charge and the large support he is getting.

a freway shut down af